Fertility Centers of New England, LLC v. IntegraMed America, Inc. (18-cv-11350).

Fertility Centers accuses IntegraMed of infringing its “IVF ASSIST” trademark. Fertility Centers began using the mark in 2011 in connection with a cost-effective in vitro fertilization program, and has promoted the program extensively, including through its website. The mark was registered in 2012, and has become incontestable. IntegraMed offers a similar program under the name “Attain IVF Assist,” and at one time simply “IVF Assist,” which IntegraMed described as inadvertent in response to a cease and desist letter. IntegraMed removed the stand-alone use of “IVF Assist,” but refused to stop using the “Attain IVF Assist” mark. Fertility Centers asserts that IntegraMed also uses the “IVF Assist” mark in metadata to drive search results to their site. In addition to trademark infringement, Fertility Centers brings claims of federal and state unfair competition and false designation of origin.

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